Software end-user license agreement
NOTICE TO THE USER: BY COPYING, INSTALLING OR USING THIS SOFTWARE OR PART OF THIS SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS IF IT WERE A WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY OTHER LEGAL PERSON ACTING ON YOUR BEHALF.
IF, AFTER READING THE TERMS AND CONDITIONS HEREIN, YOU DO NOT AGREE TO THEM, YOU MAY NOT INSTALL THIS SOFTWARE ON YOUR COMPUTER.
UPC IS THE OWNER OF ALL THE INTELLECTUAL PROPERTY OF THE SOFTWARE AND ONLY AUTHORIZES YOU TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS SET OUT IN THIS AGREEMENT.
1. Definitions
“Software” means (a) all the information provided in this agreement, including but not limited to (i) software files, source code, object code, and other computer information belonging to UPC; (ii) written material and explanatory files (“Documentation”); and (b) any modified versions and copies of this information, such as improvements, updates and additions to the information provided to you by UPC at any time, insofar as they are not the object of another agreement (collectively, "Updates").
“User” means the natural or legal person who accepts the terms and conditions of this agreement.
“Computer” means a computer device that accepts information in digital or similar form and processes that information to achieve a specific result based on a sequence of instructions.
2. Intellectual Property
The Software and the authorized copies are the property of UPC. This agreement shall not imply the waiver or transfer, in whole or in part, of this ownership by UPC.
The Software is protected by law, including, but not limited to, the laws of Spain and other countries on intellectual property, and by the applicable international agreements.
Except to the extent expressly stipulated here, this agreement does not grant the user any intellectual property rights over the Software. All rights not expressly granted are reserved for UPC.
3. License
UPC grants the user a free and non-exclusive license to use the Software. The user may
1) Install and use a copy of the Software for research and teaching purposes only.
2) Develop or modify the software using the Software licensed for research and teaching purposes only.
This agreement does not authorize the user to do any of the following:
1) Use or copy the Software in any way other than that specified in this agreement;
2) Disassemble, decompile or translate the Software, or modify it in any way other than that permitted by this contract;
3) Sublicense, lease, rent, sell, transfer or transmit his or her right to the use of the Software.
4) Authorize the total or partial copying of the Software onto the computer of another natural or legal person;
4. Limited Guarantee
UPC does not guarantee the uninterrupted or error-free operation of a program or that any defects that may occur will be corrected. The user is responsible for the results obtained through the use of the software.
5. Liability
UPC shall not be liable for any claims for damages, including partial or total noncompliance, negligence, falsification or any other claim.
6. Authorization for the use of personal data
The Licensor accepts that UPC uses their personal data for the following purposes only:
- Communication of actualizations
- Information about UPC courses and events
In order to withdraw the authorization, the Licensor shall send an e-mail to the following e-mail address: bburriel@ctt.upc.edu
7. Other Provisions
7.1 No legally recognized rights of the user shall be subject to elimination or limitation in virtue of this agreement.
7.2 UPC may terminate this license if the user fails to comply with the conditions of this agreement. If UPC decides to terminate the license, this decision also terminates the authorization of the user to make use of the Software.
7.4 The user may not bring any action which may arise from this agreement more than two years after the cause of said action, unless otherwise established by Spanish law, without the possibility of contractual waiver or limitation.
7.5 This license is indefinite and failure to comply with it by the user may give rise to legal action by UPC at any time.
7.6 UPC shall not be liable for noncompliance with their obligations when said noncompliance is due to force majeure.
7.7 This agreement is governed by Spanish law and the courts of Barcelona shall be the authority competent to resolve any conflicts that may arise from this agreement.